Internet Politics in Thailand after the 2006 Coup
93
Internal Security Act (ISA) B.E. 2551 was passed in November 2007 by the militaryinstalled legislature — the NLA. The ISA establishes an Internal Security Operations
Command (ISOC), directed by the prime minister and the commander-in-chief of the
army. The ISOC has the power to have relevant government offi cials implement any
action or withhold the implementation of any action.
Both laws have imposed far-reaching restrictions on the right to free expression,
peaceful assembly, and freedom of movement, and the right to a fair judicial process.
During the political turmoil in April 2009, both laws were invoked on more than one
occasion in certain districts of Bangkok during demonstrations by the United Front
of Democracy against Dictatorship (UDD). The enforcement of these laws enabled the
MICT and other government agencies to exercise broad-based censorship and surveillance of the media, including the Internet.
During the “ Red Shirt Protests ” from April to May 2010, a signifi cant number of
red-shirt sites were targeted and blocked, following a block list issued under the
Emergency Decree that ordered 36 Web sites to be fi ltered. During this period ONI
conducted tests on two major ISPs — state-run TOTNET and TRUE, a private telecommunications conglomerate. The testing found blocked sites under common content
categories in both ISPs as follows: free expression and media freedom, gambling, political reform groups, and social networking. However, TOTNET was found to have fi ltered almost twice the number of sites (29 URLs) than TRUE and more content
categories. For example, anonymizer and circumvention sites were blocked by TOTNET
but not by TRUE. Signifi cantly, neither TRUE nor TOTNET fi ltered the entire block
list, with TOTNET blocking only 10 URLs from the list and TOTNET fi ltering this same
set and an additional 13 for a total of 23 URLS.
30 Meanwhile, community radio stations and cable television stations were raided, and satellite television stations ’ signals
were cut off.
31 While it is in effect, the Emergency Decree supersedes all other laws. It
has been attacked by critics as an authoritarian piece of legislation that allows unprecedented state control.
L è se-Majest é Provisions
L è se-majest é — damaging or defaming the king and royal family — has been the single
offense most frequently applied by the Thai authorities against Internet users and
service providers under the computer crime law, largely because of the postcoup
political crisis. L è se-majest é provisions in Thai law include sections 8 and 9 of the
2007 constitution and section 112 of the penal code. Section 8 of the 2007 constitution notes that “ the King shall be enthroned in a position of revered worship and
shall not be violated. No person shall expose the King to any sort of accusation or
action. ”
32
93
Internal Security Act (ISA) B.E. 2551 was passed in November 2007 by the militaryinstalled legislature — the NLA. The ISA establishes an Internal Security Operations
Command (ISOC), directed by the prime minister and the commander-in-chief of the
army. The ISOC has the power to have relevant government offi cials implement any
action or withhold the implementation of any action.
Both laws have imposed far-reaching restrictions on the right to free expression,
peaceful assembly, and freedom of movement, and the right to a fair judicial process.
During the political turmoil in April 2009, both laws were invoked on more than one
occasion in certain districts of Bangkok during demonstrations by the United Front
of Democracy against Dictatorship (UDD). The enforcement of these laws enabled the
MICT and other government agencies to exercise broad-based censorship and surveillance of the media, including the Internet.
During the “ Red Shirt Protests ” from April to May 2010, a signifi cant number of
red-shirt sites were targeted and blocked, following a block list issued under the
Emergency Decree that ordered 36 Web sites to be fi ltered. During this period ONI
conducted tests on two major ISPs — state-run TOTNET and TRUE, a private telecommunications conglomerate. The testing found blocked sites under common content
categories in both ISPs as follows: free expression and media freedom, gambling, political reform groups, and social networking. However, TOTNET was found to have fi ltered almost twice the number of sites (29 URLs) than TRUE and more content
categories. For example, anonymizer and circumvention sites were blocked by TOTNET
but not by TRUE. Signifi cantly, neither TRUE nor TOTNET fi ltered the entire block
list, with TOTNET blocking only 10 URLs from the list and TOTNET fi ltering this same
set and an additional 13 for a total of 23 URLS.
30 Meanwhile, community radio stations and cable television stations were raided, and satellite television stations ’ signals
were cut off.
31 While it is in effect, the Emergency Decree supersedes all other laws. It
has been attacked by critics as an authoritarian piece of legislation that allows unprecedented state control.
L è se-Majest é Provisions
L è se-majest é — damaging or defaming the king and royal family — has been the single
offense most frequently applied by the Thai authorities against Internet users and
service providers under the computer crime law, largely because of the postcoup
political crisis. L è se-majest é provisions in Thai law include sections 8 and 9 of the
2007 constitution and section 112 of the penal code. Section 8 of the 2007 constitution notes that “ the King shall be enthroned in a position of revered worship and
shall not be violated. No person shall expose the King to any sort of accusation or
action. ”
32